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What Is a Personal Injury Claim? A personal injury claim is a formally processed assertion of the right to compensation in monetary terms. The compensation is usually granted by a judge or jury following an investigation. Economic damages are a way to cover actual costs like medical bills and lost wages. Non-economic damages are compensation for emotional distress, pain and suffering. Damages When someone is injured because of another person or company's negligent behavior the person is entitled to compensation for their losses. Damages are awarded based upon the circumstances of the accident and may be determined by a judge following an investigation or by the parties after the settlement negotiations. Personal injuries can be classified into the following categories: Economic damages refer to the actual financial costs or financial losses incurred as a result of an accident or injuries. Receipts, invoices, and other documentation can be used to prove the damages. Future-looking costs like medical bills and loss of earning capacity and ongoing medical expenses could also be included in the economic damages award. Noneconomic or hedonic damages are psychological and emotional effects of a collision or injury. These damages are harder to value than financial or expense losses. There is no formula that can be used to determine the value of these damages, and insurance companies usually employ a multiplier, or per diem depending on the severity of the victim's injury. Injuries resulting from an accident can hinder your enjoyment of the day-to-day pursuits of life like exercise, hobbies or even the bonds with family and friends. In this situation, you may be entitled to “loss-of-enjoyment” damages as compensation for your loss. Finaly, emotional distress damages compensate you for the mental stress and fear you have experienced as a result of your injuries. The award of these damages could be a significant component in your compensation package. Punitive damages do not compensate you for the losses you have suffered, but rather penalize the person responsible for their outrageous or unconscionable actions. They are typically awarded only in the case of serious injury or wrongful death. If you or someone close to you has been injured in an accident, you need to contact a New York City personal injury attorney as soon as possible to begin gathering evidence and support for your claim for damages. The sooner you begin the process of proving your negligence and the magnitude of your losses the more likely that you'll receive an appropriate settlement. Statute of limitations Personal injury claims must be filed within the statutes of limitations. This is a time frame after an accident that claims can be brought. This protects the at-fault party as well as the insurance companies that pay on these claims. This also gives the victim an opportunity to collect the compensation they are entitled to. However, the statute of limitations differs depending on the state and the type of case. An experienced attorney can advise clients on the statute of limitations applicable to their case and any other exceptions. In certain cases the discovery rule can extend a statute beyond the normal limit of three years. The clock does not begin to run on a claim until the injured party is aware or reasonably could be aware that there exists a link between their injury and the event that caused it. This is typically the case with toxic exposure injuries like asbestos, but could also apply to medical malpractice or pharmaceutical injury cases. Some states allow for an extension in cases where the person who was injured was a minor at the time the incident occurred. This is due to the fact that they cannot file a lawsuit until they reach the age of adulthood and it is difficult for them to comprehend the connection between their injuries and the cause of it when they're young. Another possibility is that an injury may affect a person's ability to earn money in the future, which could be taken into account as part of the damages, particularly in the event that they are unable to working. In these cases the person who has suffered an injury is entitled to compensation from their employer for the amount of wages they would have received in the event that they weren't restricted from working because of their injury. Ultimately, it is vital that any injured party seek legal advice as soon as possible after their accident. A personal injury lawyer can help them determine the time limit for their particular case, as well as discuss any possible exceptions. Insurance coverage Insurance coverage is a broad term used to refer to policies or agreements that protect against liability, loss, and damage. It can refer to auto, health, boatowners and personal watercraft insurance, in addition to property and liability coverage. It can also include life insurance trusts, annuities and policies. Insurance companies may be affiliated with financial services companies or operate on their own. They may also employ different business models to offer their services. Liability insurance covers the costs of bodily injury and death resulting from your actions while driving your vehicle. It can also cover damages to property caused by the vehicle of another or to other property (such as a fence, utility pole, or building). PIP or personal injury protection insurance pays for the medical expenses of you and those of your passengers if you are injured in an accident that is not your fault. This insurance can also cover lost income and compensation for pain and suffering. Damages for loss of enjoyment can compensate you for the negative impact that an accident has had on your daily life like missing out on activities that you once enjoyed. Compensation for pain and suffering is intended to restore your health by dealing with your physical discomfort as well as your emotional distress. Loss of property damages may provide the funds needed to repair or replace damaged items or even recover their fair market value. Typically, property damages are valued at replacement cost which is the amount you would need to pay to replace the item with one of the same type and quality, minus the depreciation. A personal injury settlement could include compensation for funeral costs, if necessary. Representation A personal injury claim is a civil lawsuit that awards monetary compensation to people who suffer harm due to the negligence or willful conduct. This includes claims arising out of car accidents, work-related injuries and medical malpractice. An attorney with expertise in personal injury can assist you assess your case and determine how you are entitled to. Attorneys generally charge a contingency fee, which means they only get paid when they win your case. This arrangement permits injured plaintiffs to pursue their cases without risking losing money if they fail to win their case. In addition to the monetary damages for your economic losses, you could also be awarded a sum called general damages. These damages are not quantifiable the way that special damages are, but they do include lesser tangible costs such as suffering and suffering as well as loss or consortium emotional distress and defamation. Quincy injury attorneys of these damages is determined by the severity of your injuries and how they changed your life. A skilled lawyer will be able to demonstrate the extent of your injuries and their effect on you to maximize your compensation. Your lawyer will gather evidence for your case and interview witnesses. He or she will review medical records to demonstrate the severity of your injuries and the long-term consequences. They can also give you guidance regarding how settling could affect your tax bill. Your attorney will draft a formal complaint once they have all the evidence necessary for your case. This legal document will set forth your legal arguments for the reasons why the defendant is accountable for the accident, and it will include the amount of damages you want. Your attorney will also file any necessary paperwork with the court. Once the complaint has been filed, your attorney will work with the insurance company on your behalf. This can be a complex undertaking for the uninitiated, because insurance companies aren't interested in paying out significant sums of money and will fight to protect their profits. A small error could cost you thousands. It is therefore essential to work with an experienced attorney who knows the process.